Resolution No. 6813238
RESOLUTION NO. 6813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CONCURRING WITH AND RATIFYING THE CITY ENGINEER'S
FINDINGS AND DETERMINATION THAT CERTAIN BID PROTESTS
SUBMITTED IN RELATION TO THE PROJECT ENTITLED "POLICE
DEPARTMENT SEISMIC RETROFIT, EMERGENCY OPERATIONS
CENTER AND MODERNIZATION PROJECT 126" ARE WITHOUT MERIT,
AND WAIVING CERTAIN IRREGULARITIES IN SUBMITTED BIDS;
FINDING THAT INTERLOG CONSTRUCTION IS THE LOWEST
RESPONSIBLE BIDDER AND AWARDING SUCH PROJECT TO
INTERLOG CONSTRUCTION AS THE LOWEST RESPONSIBLE BIDDER
PURSUANT TO APPLICABLE LAW AND SUCH PROJECT'S BID
DOCUMENTS.
WHEREAS, the City of Cypress issued formal bid documents to request bidders
for a project called the "POLICE DEPARTMENT SEISMIC RETROFIT, EMERGENCY
OPERATIONS CENTER AND MODERNIZATION PROJECT 126" and the City also
issued related Addenda 1-5, which shall be referred to as "Project 126" in this Resolution
and such bid documents for Project 126, including all addenda, are incorporated herein
by this reference;
WHEREAS, the City received several bids for Project 126, including bids by PCN3,
Thomco Construction, Inc. ("Thomco"), Interlog Construction ("Interlog"), Cal -City
Construction Inc. ("Cal -City"), and New Dynasty Construction Co. ("New Dynasty");
WHEREAS, Thomco submitted a bid protest, dated September 2, 2020, and
incorporated herein by this reference, which alleges that Interlog did not list all of its
subcontractors as required by Public Contract Code Section 4104 ("Thomco September,
2, 2020, Protest");
WHEREAS, PCN3 submitted a bid protest, dated September 3, 2020, and
incorporated herein by this reference, which alleges that bids submitted by Thomco,
Interlog, Cal -City, and New Dynasty were nonresponsive, because each bid submitted
thereof did not provide for 50% self -performance ("PCN3 September 3, 2020, Protest");
WHEREAS, the PCN3 September 3, 2020, Protest further alleges as follows:
A. Interlog's bidder's bond lacked notarized signatures for corporate officials
of the surety.
B. Certain subcontractor license numbers provided by Thomco in its bid are
missing and that there is no acknowledgement by Thomco for Addenda 1 through 5 for
Project 126's bid documents.
C. A subcontractor license number provided by Cal -City is incorrect and there
is no license number associated with the information supplied;
WHEREAS, Interlog in a letter (dated September 15, 2020), which is incorporated
herein by this reference, responded to the PCN3 September 3, 2020, Protest Letter, by
refuting PCN3's assertions regarding the 50% self -performance requirement as they
relate to Interlog and further alleging that the computation of PCN3's total bid was
incorrect ("Interlog Response to PCN3 September 3, 2020, Protest");
WHEREAS, Interlog, in two letters dated September 15, 2020; two letters dated
September 24, 2020; and one letter dated September 28, 2020), which are all
incorporated herein by this reference, responded to the Thomco September 2, 2020,
Protest as follows: (1) Interlog will either be self -performing or utilizing subcontractors
whose value of work performed is 0.5% or less than Interlog's total bid for Project 126 for
the items identified in the Thomco September 2, 2020, Protest; and (2) the computation
of Thomco's total bid was incorrect ("Interlog Response to Thomco September 15, 2020,
Protest");
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WHEREAS, Thomco, in a letter responding to the PCN3 September 3, 2020, Letter
and dated September 16, 2020, and incorporated herein by this reference, refutes
PCN3's assertion regarding the alleged 50% self -performance requirement as they relate
to Thomco, refutes PCN3's assertion that Thomco did not provide acknowledgements for
Addenda 1-5, and asserts that the irregularities identified by PCN3 relating to Thomco's
subcontractors are inconsequential ("Thomco September 3, 2020, Letter");
WHEREAS, PCN3, in a letter dated September 22, 2020, and incorporated herein
by this reference, disagrees with the Thomco September 3, 2020, Letter ("PCN3
September 22, 2020, Letter";
WHEREAS, the City did not receive any responses from Cal -City and New Dynasty
regarding any of the above-mentioned bid protests;
WHEREAS, based upon the foregoing and the written and oral information
presented to the City Council at its meeting of October 12, 2020, (including such
information presented by City staff and members of the public), and as more particularly
described below, the City Council desires to concur with and ratify the City Engineer's
findings and determinations that certain protests made in the above-mentioned bid
protests to be without merit, to waive certain irregularities in certain submitted bids, and
to award Project 126 to Interlog as the lowest responsible bidder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and incorporated
herein by this reference.
SECTION 2. Based upon the foregoing and the written and oral information
presented to the City Council at its meeting of October 12, 2020, (including such
information presented by City staff and members of the public), the City Council hereby
concurs with and ratifies the City Engineer's findings and determinations regarding the
various bid protests for Project 126 as follows:
A. The irregularities identified in the Interlog Response to PCN3 September 3,
2020, Protest and Interlog Response to Thomco September 15,2020, Protest with respect
to the total bid amount calculation for PCN3's and Thomco's respective bids are hereby
waived. Such waiver would not provide PCN3 and Thomco with unfair competitive
advantage, because the errors are simple mathematical errors that do not affect the
individual bid item amounts.
B. The irregularities identified in the PCN3 September 3, 2020, Protest with
respect to Thomco, and reiterated in the PCN3 September 22, 2020, Letter, relating to
the incorrect subcontractor license numbers for the bids that were submitted by Thomco
and Cal -City are hereby waived, because such waiver would not provide Thomco and
Cal -City with any competitive advantage. The information has been verified by City staff
utilizing the information provided.
C. The portion of the PCN3 September 3, 2020, Protest and PCN3 September
22, 2020, Letter alleging that the bids submitted by Thomco, Interlog, New Dynasty, and
Cal -City are nonresponsive due to not meeting the 50% self -performance requirement is
without merit. As stated in the City's response in Request for Information No. 6(a) in
Addendum 4, the C licenses listed in Title 16 Division 8 of California Code of Regulations
are considered specialty work for the purpose of Project 126. Because PCN3 is able to
self -perform 50% of Project 126, including the specialty work, does not affect this
requirement.
D. The portion of the PCN3 September 3, 2020, Protest alleging the lack of
notarizations in Interlog's bidder bonds is without merit. The Interlog bidder's bond contain
such notarizations.
E. The portion of the PCN3 September 3, 2020, Protest alleging that Thomco
did not acknowledge Addenda 1-5 of Project 126 is without merit, because the City did
timely receive Thomco's acknowledgement thereof. Further, the PCN3 September 22,
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2020, Letter states that PCN3 did not receive Thomco's acknowledgement of Addenda
1-5 in the Thomco bid package that PCN3 received; however, this does not change the
fact that the City nevertheless received Thomco's acknowledgement of Addenda 1-5.
F. The Thomco September, 2, 2020, Protest is without merit. As provided in
the Interlog Response to Thomco September 15, 2020, Protest, Interlog will either be self -
performing or utilizing subcontractors whose value of work is 0.5% or less than Interlog's
total bid for Project 126 for the items identified in the Thomco September 2, 2020, Protest.
SECTION 3. Based upon the foregoing and the written and oral information
presented to the City Council at its meeting of October 12, 2020, (including such
information presented by City staff and members of the public), the City Council finds that
Interlog is the lowest responsible bidder pursuant to applicable law and Project 126's bid
documents.
SECTION 4. Based upon the foregoing and the written and oral information
presented to the City Council at its meeting of October 12, 2020, (including such
information presented by City staff and members of the public), the City Council hereby
awards Project 126 to Interlog as the lowest responsible bidder pursuant to applicable
law and Project 126's bid documents.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 12th day of October 2020.
MAYOR OF TH
ATTEST:
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CIT LERK OF THE CITY OF CYPRESS
ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1, Alisha Farnell, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 12th day of October 2020; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Morales, Peat, Yarc and Johnson
NOES: 1 COUNCIL MEMBERS: Berry
ABSENT: 0 COUNCIL MEMBERS: None
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